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Prakash Yedhula (Lawyer)     22 August 2007



1. The Supreme Court has pulled up the Allahabad High Court for the way the latter has dealt with a death sentence reference of convicts in a murder case. Calling it ""unsupportable"", the apex court has reversed the order. The HC had reversed the trial court verdict and acquitted all convicts in the case.

""To say the least, the approach of the High Court is clearly unsupportable. It did not bother to even analyse the evidence and/ or to refer to any finding recorded by the trial court as to in what way the evidence was not acceptable,"" a Bench headed by Justice Arijit Pasayat said, disapproving the manner in which appeal and reference for confirmation of death sentence was handled.
Bringing on record its disapproval, the Bench, also comprising Justice D K Jain, remarked, ""It is not understood as to what was meant by the High Court by stating that there was no corroboration of ΓÇÿinvestigation'. This is not the way an appeal or reference for confirmation of death sentence is to be dealt with.""
The Bench remitted the matter to the HC ""for fresh consideration"", and asked it to ""explore the possibility of disposal of appeals and reference made to it relating to confirmation of death sentence within six months"" since the matter has been pending for long. [/align]
2. The Delhi High Court has ordered the Central Bureau of Investigation (CBI) to conduct a probe into a ""convenient nexus"" between motor driving schools and Transport Department officials to deceive candidates into paying bribes for licences. The investigating agency has been ordered to unravel the High Court's suspicion that driving schools in the Capital are merely ""business fronts"" owned by Transport Department officials to fleece unsuspecting students who join them.


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